Our Views: Public kept in the dark

For several years now, LSU system officials have argued for the importance of strong taxpayer support of LSU. But LSU system officials lose credibility in promoting the public importance of their mission when they treat the administration of LSU as a private affair. That’s the stance that LSU system officials have taken in refusing to release emails and documents related to budget cuts for the public hospitals under LSU’s control. In doing so, they are apparently acting in lock step with Gov. Bobby Jindal’s administration, which has made government secrecy a standard operating practice.

The Advocate requested the documents last month, and LSU officials rejected the request, invoking a “deliberative process privilege” to keep the records secret. That’s a legal term describing the process that officials use to make decisions.

Taxpayers footing the bill for public institutions should get a clear view of how decisions involving the use of pubic resources are being made. Instead, LSU has embraced a frequently used tactic of Jindal’s administration, using the dubious principle of deliberative process to keep the public in the dark. LSU is apparently doing so under pressure from the Governor’s Office. After a similar request for records regarding hospital business was made by another party earlier this year, Shelby McKenzie, who is acting as the LSU system’s general counsel, sent a letter to LSU system interim President William Jenkins advising that the documents would not be released. In his Aug. 16 letter to Jenkins, McKenzie mentions that Jindal’s executive counsel, Liz Murrill, had asked LSU to shield documents using the deliberative process argument “where appropriate, in response to public records requests.” Murrill’s directive seems to contradict claims by Jindal spokesman Kyle Plotkin that the Governor’s Office had nothing to do with LSU’s decision to deny The Advocate’s subsequent request for records.

Even if a deliberative process exemption makes the withholding of these records legal — which we don’t think is the case — nothing in state law requires LSU officials to keep these records secret. LSU’s secrecy is a choice, one which neglects the public interest for the sake of political expediency.

The changes being considered for LSU’s public hospitals could affect not only how low-income patients are treated, but how a sizeable number of Louisiana’s future doctors are trained, potentially affecting every man, woman and child in Louisiana.

Recently, the LSU Board of Supervisors approved a plan to cut more than $150 million from the operations of seven Louisiana hospitals. The plan calls for firing nearly 1,500 employees, drastically reducing patient beds and hospital services, changing medical education programs and relying much more on the private health care sector for services. Earlier this year, a different set of LSU officials released records connected with the first round of budget cuts for Louisiana’s public hospitals. Perhaps not coincidentally, two key players in that earlier round of budget cuts — then-LSU System Vice President Fred Cerise and LSU System General Counsel Raymond Lamonica — were replaced.

The records revealed that Alan Levine, who once worked for Jindal as head of the state Department of Health and Hospitals and is now involved with a private management firm that runs medical school hospitals in other states, had been working as an unpaid consultant on the challenges faced by LSU’s public hospitals.

Jenkins said that Levine’s firm is among other private companies that have been involved in conversations with LSU officials about helping to manage hospitals. Cynics might wonder if this relationship gives Levine’s company a decided advantage in securing business from the state.

The best way to address such questions — and the many others involving Louisiana’s public hospitals — is transparency regarding how decisions regarding management of those hospitals are being made.

The current position of LSU officials makes it look like they have something to hide.


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Comments (9)


1) Comment by 8.3 - 15/10/2012

"Anyone with half a brain" can qualify for a job at the new Dept of ed, eh? Experience and education don't count for much in the "reform" world. But just as in days of old who you know makes all the difference.

2) Comment by Cousin Dave - 14/10/2012

Anyone with half a brain knows that reporters are looking for the most sensational news story they can find, and are rewarded by their superiors when they find it. Unfortunately, most of the reporters at the Advocate can't even read a financial statement, much less make a judgment about what emails and other documents are important and should be reported to the public. And as far as deciding what he public is told, what do you think the Advocate is doing when they opt not to allow comments to be posted online or articles like the one on the mayors race today?

3) Comment by Traveler - 14/10/2012

ScotB: "profit" is a term that applies to the publication side rather than the editorial side of journalism. The only way that the news media "profit" is by selling advertising space (in the case of print news) and advertising time (in the case of broadcast news). [There's just no profit in selling newspapers----they cost way too much to print now.] The business people who can afford to buy that expensive advertising do not run "mom and pop" operations----they are the kind of folks who belong to the Chamber, the kind of folks who can use their influence to control (through political pressure) what the public is told and not told. The so-called "deliberative process laws" are merely a tool in the hands of clever manipulators who make their back-room deals and then spring them on an uninformed public.

4) Comment by ScotB - 14/10/2012

The media profits from controversy. Legislators have enacted deliberative process laws to protect public officials (both Republican and Democrat) from the decision making process being turned into a media circus. Once they come to a decision, they must fully disclose what their decision is and defend it, but keeping the deliberative process private until them allows them to consider all possible solutions, including those that may not be politically popular. Sometimes, good ideas and solutions get aborted in their infancy due to media outlets turning what is only a consideration into a politcal football. The Advocate wants to play the role of thought police in this instance and they are on the wrong side of what is best for the public and on the side of selling more papers. In my humble opinion.

5) Comment by Scrooge - 14/10/2012

This is not the America of the forefathers, actually they abhorred the kings and dictators.

6) Comment by Scrooge - 14/10/2012

Sure lends credence to the notion that a conservative world view, blathering about liberty, freedom, and the consteetooshun to the contrary, is eerily reminiscent of Fascism and totalitarianism.It appears the intent is to create a South American or Russian type oligarchy. Appearances matter, ask Romney and Obama

7) Comment by Traveler - 14/10/2012

To Mr. Handler: any law that keeps the public in the dark is "bad law"----sort of like that silly so-called Red Tape Reduction Act that was passed back in the summer of 2010. To The Advocate: Woodward and Bernstein had their Deep Throat. Gray Grantham had his Darby Shaw. Find YOUR sources----there are people "on the inside" who don't like what's going on----they want to talk.

8) Comment by Terd Handler - 14/10/2012

A public records exemption for the deliberative process privilege is now the law of the land and has been for a couple of years, and it is also in effect in a number of other states. Get used to it, Advocate. You are actually going to have to talk to people to get information instead of filing snotty little public records requests.

9) Comment by Traveler - 14/10/2012

Thanks, Advocate! Your editorial not only takes a stand, but also explains your rationale. This is good journalism!